Source: www.rucriminal.info
The Chekhov City Court of the Moscow Region may well compete in the tinkering there with the justice of the dashing 90s. The situation is aggravated by the fact that in a regional town with a criminal past, the judicial and security community is a closed cell with its own laws, sometimes having nothing to do with the legislation of the Russian Federation.
The chairman of the court is Artur Troshchilo. In the telephone contacts of his acquaintances, he is recorded as "Troshchi". Artur Evgenievich began his legal career as an assistant to a notary. At that time, his boss was Elena Chachua, who currently works as a lawyer in Chekhov and has the reputation of a person who is able to resolve any issue in the Chekhov court.
Physician by appointment
A vivid illustration of such lawlessness was the case of Oleg Gulyaev, fabricated by the local police and prosecutors to extort money from a businessman. Now that it has stalled at the stage of petitions, even before the announcement of the charges, the power rink under the control of judge Lyubov Shanina has accelerated and cannot stop despite the unimaginable violations of the law she has committed. For 3 and a half years while the investigation is ongoing, the suspected businessman Oleg Gulyaev suffered a heart attack in the pre-trial detention center, almost died, then a heart operation, as a result he became a disabled person of the 3rd group. A month ago, another operation on the spine - it got to the point that my legs failed. However, each of his sick leave in court has to be proved in ways that the heroes of detective series would envy.
After spinal surgery, Chekhov's prosecutor Vitaly Khripunov and state prosecutor Daniil Andyamov, together with judge Shanina, instructed neurologist Isagova from the local clinic, which extended Gulyaev's sick leave, not to enter data on its extension on the State Services website.
Gulyaev’s relatives managed to stop this lawless act, and already during the court session on June 20, the state prosecutor Daniil Andyamov (son of the General of the Ministry of Emergency Situations Vadim Andyamov) - for the conviction of Gulyaev he had already received a promotion to the regional prosecutor’s office and was looking forward to the end of the toxic case - cheerfully told the judge that the defendant Gulyaev was absent from the court session without a good reason, which means he was hiding from justice. Judge Shanina, without examining the medical documents provided to her by lawyer Karen Bayramyan along with a petition to adjourn the court session due to Gulyaev's illness, announced a break and, with undisguised joy on her face, went to the exit from the hall. Obviously, the judge wanted to get approval for Gulyaev's detention. His lawyers barely had time to inform her that the public prosecutor was misleading the court, and the defendant Gulyaev was absent for a good reason. The joy disappeared after realizing that nothing worked out for Gulyaev with the ban on extending the sick leave. The judge and the public prosecutor went the other way: they bombarded Chekhov's polyclinic with judicial inquiries and threats, demanding that doctors indicate that Gulyaev, who is on outpatient treatment after surgery, can participate in court hearings. And then everything would work out for them. The defendant can participate, but is hiding, which means he must be arrested.
To court in a corset
The defense is sure that on the part of the public prosecutor and the presiding judge, who exert unprecedented pressure on doctors and show a personal interest in the illegal conviction of Gulyaev and another defendant, Ivan Zavodnov, one can expect any "meanness."
On June 6 of this year, after a medical examination by a medical commission, Oleg Gulyaev was forced to come to court in a medical corset in order to personally file a petition to suspend the criminal case due to illness, because Judge Shanina gave instructions to reject the petitions of the defense and the spouse acting by proxy.
This would allow her to claim later that the defendant was avoiding the trial for unexcused reasons and to take him into custody. In order to realize what was planned, Judge Lyubov Shanina and state prosecutor Daniil Andyamov committed unthinkable violations of the law, began to consider the case in the absence of the defendant and his lawyers.
Systematic violations
In legal practice, such violations are one hundred percent grounds for the annulment of a court decision, which is known to lawyers - judge Shanina and public prosecutor Andyamov. And these are not the only violations in this process.
So, in violation of the law, in the absence of the defendant Gulyaev, judge Lyubov Shanina opened court sessions:
- May 4, 2023 after Gulyaev was hospitalized with high blood pressure due to the judge's refusal to take a break and call an ambulance, as the media wrote about earlier.
- May 23, 2023, when the judge assumed the authority to consider the defense's petition to change the territorial jurisdiction to the chairman of the Moscow Regional Court.
- June 8, 2023, when Judge Shanina, at the request of a judge, summoned a doctor from the local polyclinic of Vologina to give explanations. I was interrogated as a witness by the judge and the state prosecutor on issues not related to the consideration of this criminal case. Interestingly, Vologina was not interrogated at the stage of preliminary judicial investigation, and she has nothing to do with the case under consideration.
Despite the complaints filed against the judge’s actions addressed to the chairman of the Moscow Regional Court, to the Council of Judges, to the Qualification Board of Judges, in violation of the Code of Criminal Procedure, on July 7, 2023, the judge, with the support of the state prosecutor and at the direction of the Chekhov city prosecutor and the chairman of the Chekhov court, a trial was opened without the defendant Gulyaev and his two lawyers Karen Bayramyan and Yulia Grafova. At this meeting, the judge considered the petition of the state prosecutor to call the next doctors - the chairman of the medical commission of the Chekhov Regional Hospital Tatyana Marinich and the attending physician Isagova.
On July 13, 2023, doctor Isagova was summoned for interrogation, and her sick leave was extended. But another doctor came to court, who on July 6, 2023, did not take part in the medical examination of Gulyaev and the extension of his sick leave as part of the Medical Commission. In court, the woman was interrogated as a specialist, the interrogation lasted more than 50 minutes. What was the disappointment of the judge and the public prosecutor when the doctor told in detail and in detail what postoperative complications could occur for the patient if full postoperative treatment and rehabilitation were not carried out, especially taking into account the chronic diseases of Oleg Gulyaev and his previous heart surgery. The frustrated public prosecutor, who referred to Gulyaev's illness as a delay in the trial, had to invent a new petition on the go - to conduct a medical examination of Gulyaev for his diseases.
Obviously, the bet was made on the fact that in court the doctors would succumb to pressure and say that Gulyaev could participate in the trial.
Third wheel
Violations of the law in the court session did not end there. The judge granted the petition of the public prosecutor to appoint Gulyaev a lawyer in accordance with Art. 51 Code of Criminal Procedure of the Russian Federation. At the same time, the court at that time already had documents confirming the good reasons for the absence of Gulyaev's defenders, who have been conducting the process from the very beginning. For reference, the Constitutional Court prohibits the imposition of a defense counsel by appointment without the consent of the defendant if he has a lawyer by agreement.
After Judge Shanina left an application in the call center of the Chamber of Lawyers, lawyer Tatyana Yermak contacted Oleg Gulyaev's wife Irina. She was given a statement with a categorical refusal of her services. The motives are obvious: the defendant has two of his lawyers by agreement. On July 13, Yermak stated in court that she had satisfied the application to abandon her. By the way, she stated under the record that the judge deliberately, in order to discredit the defendant Gulyaev and his lawyers, indicated in the decision on the appointment of a lawyer by appointment unreliable, false information about the self-removal of Gulyaev’s lawyers from his defense and about the absence of the defendant at court hearings for unjustified reasons, thereby misled her, after which the judge herself was obliged to take herself away.
The active position of lawyers Grafova and Bayramyan in defense of Oleg Gulyaev is considered by the judge as disobedience to herself, hiding behind the words “disobedience to the court”, while forgetting that she herself systematically grossly violates laws and norms of law.
I would like to note that the lawyers of Oleg Gulyaev, precisely in order not to delay the trial, went on another vacation during the period of illness of their client, which they notified the judge in advance. But for Judge Shanina, who lives according to her own laws and rules, as she says and does, the next vacation of lawyers who left while their client was on sick leave served as the basis for filing appeals against them to the Chamber of Lawyers, while forgetting to explain to them their right to appeal against her actions.
At present, for reasons far-fetched by the judge, in order to remove the intractable defense lawyers from the trial of Gulyaev and Zavodnov, disciplinary proceedings have been initiated against lawyers Grafova and Bayramyan. With regard to the lawyer Bayramyan - two, one of which does not withstand any criticism. Employees of Judge Shanina's office, Peredina and Kartuzov, simply took and slandered the lawyer, indicating in their memos that he, allegedly demanding the minutes of court sessions, said: how long will you twist my balls?
During the meetings, Shanina constantly consults with a certain Irina Dmitrievna. Telephone agreements with this man Shanin are constantly taking place: the chairman clearly does not have enough education and experience.
Irina Dmitrievna is the former judge of the Chekhov City Court, Irina Pantela. After participating in high-profile trials of Chekhov's authority Nikolai Pavlinov and the former prosecutor of the Ramensky urban district of the Moscow region Konstantin Tombulov, Pantela quickly went up and became the chairman of Domode Dovsky District Court.
To consult with Pantela, Judge Shanina often uses office number 32, which was previously occupied by Judge Pantela. By the way, Judge Shanina goes to her deliberation room to make a decision from the 3rd floor to the 1st, which is also a violation. With whom the judge can meet at the moment of moving to the deliberation room, and who, and what she can ask for, one can only guess.
Good side job
The Chekhov city court, headed by its chairman Artur Troshchilo, in complicity with the employees of the Chekhov prosecutor's office and individual lawyers, conducts legal proceedings in its own order and its unwritten and unspoken laws, which have nothing to do with the laws of the Russian Federation. One gets the impression that he is not in charge of the court, but they are in charge.
So, on June 30, 2023, Judge Lyubov Shanina, with the participation of a prosecutor and a lawyer, considered 6 cases in the order of special proceedings on recognizing a citizen as legally incompetent ”according to the statements of the GBUZ MO MOPB named after V.I. Yakovenko, GBUZ Design Bureau No. 5 DZM and Isakova N.A. by videoconferencing. The court session was held by the judge simultaneously on all 6 applications for declaring citizens incompetent, while Judge Shanina deprived the citizens of their legal capacity without leaving the deliberation room, leaving the courtroom once for three seconds, which was recorded by surveillance cameras and video recording of the court session.
On June 23, 2023 at 9:46 and on June 26, 2023 at 9:49, Judge Shanina did not leave the deliberation room to make a decision on the case, limiting herself to leaving the courtroom and entering for half a second into the waiting room of the judge's office, where at that moment judge's assistant Shanina was. Similarly, on June 30, 2023, cases were considered in relation to patients in psychiatric hospitals PB No. 5 and MOPB named after. Yakovenko himself by the chairman of the Chekhov Court Artur Troshchilo, who, unlike Judge Shanina, although he retired to his office for a decision, but judging by the time (3 seconds) did not reach the office itself, through the reception room where his secretary sits. And so, at least 4 times. At the same time, no information about the court hearings of Judge Troshchilo, including through videoconferencing with the participation of persons held in a psychiatric hospital, has been posted either on the information board or on the website of the Chekhov court.
In office No. 33 on June 30, 2023, Chekhov Court Judge Sergei Gurov considered 13 materials on the extension of the application of compulsory medical measures, most of which were considered in the same way as Judge Troshchilo, which is also confirmed by CCTV footage and video footage of the VKS. Only a few of the cases considered by Judge Gurov were considered in accordance with the procedure established by law, since the defender of the patients was the lawyer Bogolyubova Veronika, who honestly fulfills her lawyer's duty, conscientiously plays the role of a defender, and not formally, unlike the others. The consequences of her honest defense are numerous disciplinary proceedings against her, initiated by the Chamber of Lawyers on the basis of complaints from doctors and judges involved in this lawlessness. Only in the last month this lawyer appealed and canceled 5 decisions of Judge Pochukayeva, and the patients were recognized as not in need of further compulsory treatment in a psychiatric hospital and will be released home.
The editors have previously written about the holding of court hearings in the Chekhov court formally, without the real participation of the judge, prosecutor, lawyer, doctors and the patient himself. For the formal participation of a lawyer, real budgetary money is paid, since judges make decisions on the reimbursement of procedural costs without the proper work of a defense lawyer. In the best case, the participation of lawyers on the issues of extending compulsory medical measures to citizens in psychiatric hospitals comes down to the statistical word “I object” during the court session, which cannot be called an active and conscientious defense when the case is considered in a matter of minutes, in which the judge does not have time to either identify all the participants in the process, or explain the rights, let alone consider the case in due course on the merits with the issuance of a legal decision. In the worst case, such cases are considered at all without the participation of patients, their legal representatives, often without the participation of lawyers, who at that time, with the consent of the judge, participate in other processes.
What kind of independence and independence of the chairman of the Chekhov City Court Artur Troshchilo can we talk about if he cohabits with one of the judges of his court - with his former assistant - judge Kazerova, whose husband, having learned about their relationship, ended his life by suicide, leaving a suicide note that disappeared somewhere and someone may have. Maybe that's why the chairman Judge Artur Troshchilo is not so independent, as judge Alla Blinova, now a retired judge, was not independent when she sentenced a man to 10 years for a crime committed by her son, a well-known drug addict.
Goals , who are pursued by the chairman of the court Artur Troshchilo and judge Lyubov Shanina during the consideration of the criminal case against Gulyaev and Zavodnov, in which organizational conclusions have long been overdue, but so far no organizational conclusions have been made regarding the police and the prosecutor's office, are as transparent as possible: the first is promised an appointment to the Moscow Regional Court, and the second, who dreams of becoming a judge in criminal cases, since court employees told her in a private conversation - the scale in civil proceedings for her "Small", promised redistribution in criminal proceedings.
Earlier, the editors have already published about the issuance of decisions of May 4, 2023 by judge Olga Myadyuta without holding court hearings in psychiatric hospitals. By the way, this is exactly the judge in respect of which Gulyaev was informed about the crime during the trial, and Judge Shanina was hidden. This fact is not isolated, earning money in this way in the Chekhov court is on the stream. There was no reaction from the Council of Judges, the Qualification Board of Judges and the Moscow Regional Prosecutor's Office. What is put on stream continues at the same pace. The constitutional rights of citizens to judicial protection are not observed and violated by unscrupulous employees of the Chekhov city court and the Chekhov city prosecutor's office with the direct participation of such unscrupulous lawyers as Svetlana Tsvirko, a former judge of the Chekhov court herself and a former prosecutor's worker of the Chekhov prosecutor's office.
As it became known on May 25, 2023, with the participation of judge Olga Myadyuta, a court session scheduled for 10 am was held at the Yakovenko psychiatric hospital in the village of Meshcherskoye, where the judge arrived 45 minutes late. During the court session, in 7 minutes, Judge Myadyuta considered 6 materials on coercive medical measures with the participation of defense counsel Aleksey Anatolyevich Garanin, the son of the head of the Chekhov branch of the Moscow Regional Bar Association, Garanina Marina Alekseevna. On May 24, 2023, in a psychiatric hospital No. 5 in the village of Troitskoye, with the participation of defense counsel Efimenko, the Justice of the Peace of Court District No. 265 Krutova considered and made a decision in less than 10 minutes based on 7 materials. Lawyer Eva Pushchina, who was supposed to participate in the consideration of 7 cases on the same day (May 24, 2023), at the same off-site meeting in PKB No. 5 in the village of Troitskoye, informing the judge that she was busy in the process in Chekhov with the magistrate of court district No. 333 M.S. Zhukova in another criminal case, retired to the city of Chekhov. However, decisions on 7 cases were made by Judge Krutova without the participation of the defense counsel, the prosecutor and the patient. All of the above is easily provable, since the passage and entry to psychiatric hospitals is strictly fixed, and the detail and geolocation of the subscriber numbers of lawyers and judges will confirm the above.
Such "providing legal assistance" to patients of psychiatric hospitals - in 1-2 minutes and without their participation, is possible only with the conspiracy of the judge with the prosecutor, lawyer and doctor of the PCB. I wonder how the relatives of patients will react when they learn about such a violation of the rights of their loved ones?
Every week, the Chekhov court receives about 100-200 materials on compulsory medical measures, on involuntary hospitalization, decisions on which are made in the manner described above without actually considering each material on its merits. At the same time, patients suffer, who, instead of being discharged and transferred to a milder type of treatment, are tricked into writing statements about the consideration of materials in their absence and about their consent to the extension of compulsory treatment, at the direction of the colluding courts and prosecutors, which essentially deprives them of the opportunity to give explanations on the case in their defense, taking into account which it is possible to appoint an examination, as a result of which a judicial decision should be made, giving the right to appeal it.
But, as employees of the psychiatric hospitals in Meshchersky and Troitsky say in private conversations, while the prosecutor Khripunov and the chairman of the Chekhov court Troshchilo are in charge, “everything will be ok for them, no one will do anything to them, everything will continue as it continues.”
Source: www.rucriminal.info
